Venikov v. Thurman's Used Cars et al

Filing 29

ORDER denying 23 Motion to Dismiss; adopting Report and Recommendations re 26 Report and Recommendation; and denying 28 Motion to Dismiss. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/18/2018. (xc:Pro se party by regular mail) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
MIKHAIL VENIKOV,
Plaintiff,
v.
THURMAN’S USED CARS,
ROBERT E. THURMAN II, AND
ROBERT JOSHUA THURMAN,
Defendants.

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NO. 2:17-cv-00030
CHIEF JUDGE CRENSHAW

ORDER
Before the Court is the Magistrate Judge’s Report and Recommendation (Doc. No. 26)
recommending that Robert Thurman’s initial Motion to Dismiss (Doc. No. 23) be denied. No
objections have been filed to the Magistrate Judge’s Report and Recommendation. Upon de novo
review in accordance with Rule 72 of the Federal Rules of Civil Procedure, the Court agrees with
the recommended disposition because the Complaint contains sufficient factual and legal
allegations respecting all material elements to sustain a recovery under viable legal theories,
including intentional misrepresentation, negligent misrepresentation, violation of the Tennessee
Consumer Protection Act, and breach of contract. (Doc. No. 26 at 8.) Accordingly, the Magistrate
Judge’s Report and Recommendation is APPROVED and ADOPTED, and Defendant Robert
Thurman’s Motion to Dismiss is DENIED.
Moreover, Robert Thurman has now filed a second, additional Motion to Dismiss,
reiterating the same arguments he made in his initial Motion to Dismiss. (Doc. No. 28.) However,
Thurman’s second Motion to Dismiss fails to comply Local Rule 7.01(a)(2), requiring that every
motion that may require the resolution of an issue of law be accompanied by a separately filed

memorandum of law citing supporting authorities. (See Doc. No. 28.) Accordingly, Thurman’s
second Motion to Dismiss is DENIED for failure comply with the Court’s Local Rules.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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